Whether the Judicial Precepts Regarding Foreigners Were Framed in a
Suitable Manner?
Objection 1: It would seem that the judicial precepts regarding
foreigners were not suitably framed. For Peter said (Acts 10:34, 35):
"In very deed I perceive that God is not a respecter of persons, but
in every nation, he that feareth Him and worketh justice is
acceptable to Him." But those who are acceptable to God should not be
excluded from the Church of God. Therefore it is unsuitably commanded
(Deut. 23:3) that "the Ammonite and the Moabite, even after the tenth
generation, shall not enter into the church of the Lord for ever":
whereas, on the other hand, it is prescribed (Deut. 23:7) to be
observed with regard to certain other nations: "Thou shalt not abhor
the Edomite, because he is thy brother; nor the Egyptian because thou
wast a stranger in his land."
Obj. 2: Further, we do not deserve to be punished for those things
which are not in our power. But it is not in man's power to be an
eunuch, or born of a prostitute. Therefore it is unsuitably commanded
(Deut. 23:1, 2) that "an eunuch and one born of a prostitute shalt
not enter into the church of the Lord."
Obj. 3: Further, the Old Law mercifully forbade strangers to be
molested: for it is written (Ex. 22:21): "Thou shalt not molest a
stranger, nor afflict him; for yourselves also were strangers in the
land of Egypt": and (Ex. 23:9): "Thou shalt not molest a stranger,
for you know the hearts of strangers, for you also were strangers in
the land of Egypt." But it is an affliction to be burdened with
usury. Therefore the Law unsuitably permitted them (Deut. 23:19, 20)
to lend money to the stranger for usury.
Obj. 4: Further, men are much more akin to us than trees. But we
should show greater care and love for those things that are nearest
to us, according to Ecclus. 13:19: "Every beast loveth its like: so
also every man him that is nearest to himself." Therefore the Lord
unsuitably commanded (Deut. 20:13-19) that all the inhabitants of a
captured hostile city were to be slain, but that the fruit-trees
should not be cut down.
Obj. 5: Further, every one should prefer the common good of virtue to
the good of the individual. But the common good is sought in a war
which men fight against their enemies. Therefore it is unsuitably
commanded (Deut. 20:5-7) that certain men should be sent home, for
instance a man that had built a new house, or who had planted a
vineyard, or who had married a wife.
Obj. 6: Further, no man should profit by his own fault. But it is a
man's fault if he be timid or faint-hearted: since this is contrary
to the virtue of fortitude. Therefore the timid and faint-hearted are
unfittingly excused from the toil of battle (Deut. 20:8).
_On the contrary,_ Divine Wisdom declares (Prov. 8:8): "All my words
are just, there is nothing wicked nor perverse in them."
_I answer that,_ Man's relations with foreigners are twofold:
peaceful, and hostile: and in directing both kinds of relation the
Law contained suitable precepts. For the Jews were offered three
opportunities of peaceful relations with foreigners. First, when
foreigners passed through their land as travelers. Secondly, when
they came to dwell in their land as newcomers. And in both these
respects the Law made kind provision in its precepts: for it is
written (Ex. 22:21): "Thou shalt not molest a stranger (_advenam_)";
and again (Ex. 22:9): "Thou shalt not molest a stranger
(_peregrino_)." Thirdly, when any foreigners wished to be admitted
entirely to their fellowship and mode of worship. With regard to
these a certain order was observed. For they were not at once
admitted to citizenship: just as it was law with some nations that no
one was deemed a citizen except after two or three generations, as
the Philosopher says (Polit. iii, 1). The reason for this was that if
foreigners were allowed to meddle with the affairs of a nation as
soon as they settled down in its midst, many dangers might occur,
since the foreigners not yet having the common good firmly at heart
might attempt something hurtful to the people. Hence it was that the
Law prescribed in respect of certain nations that had close relations
with the Jews (viz., the Egyptians among whom they were born and
educated, and the Idumeans, the children of Esau, Jacob's brother),
that they should be admitted to the fellowship of the people after
the third generation; whereas others (with whom their relations had
been hostile, such as the Ammonites and Moabites) were never to be
admitted to citizenship; while the Amalekites, who were yet more
hostile to them, and had no fellowship of kindred with them, were to
be held as foes in perpetuity: for it is written (Ex. 17:16): "The war
of the Lord shall be against Amalec from generation to generation."
In like manner with regard to hostile relations with foreigners, the
Law contained suitable precepts. For, in the first place, it
commanded that war should be declared for a just cause: thus it is
commanded (Deut. 20:10) that when they advanced to besiege a city,
they should at first make an offer of peace. Secondly, it enjoined
that when once they had entered on a war they should undauntedly
persevere in it, putting their trust in God. And in order that they
might be the more heedful of this command, it ordered that on the
approach of battle the priest should hearten them by promising them
God's aid. Thirdly, it prescribed the removal of whatever might prove
an obstacle to the fight, and that certain men, who might be in the
way, should be sent home. Fourthly, it enjoined that they should use
moderation in pursuing the advantage of victory, by sparing women and
children, and by not cutting down fruit-trees of that country.
Reply Obj. 1: The Law excluded the men of no nation from the worship
of God and from things pertaining to the welfare of the soul: for it
is written (Ex. 12:48): "If any stranger be willing to dwell among
you, and to keep the Phase of the Lord; all his males shall first be
circumcised, and then shall he celebrate it according to the manner,
and he shall be as that which is born in the land." But in temporal
matters concerning the public life of the people, admission was not
granted to everyone at once, for the reason given above: but to some,
i.e. the Egyptians and Idumeans, in the third generation; while
others were excluded in perpetuity, in detestation of their past
offense, i.e. the peoples of Moab, Ammon, and Amalec. For just as one
man is punished for a sin committed by him, in order that others
seeing this may be deterred and refrain from sinning; so too may one
nation or city be punished for a crime, that others may refrain from
similar crimes.
Nevertheless it was possible by dispensation for a man to be admitted
to citizenship on account of some act of virtue: thus it is related
(Judith 14:6) that Achior, the captain of the children of Ammon, "was
joined to the people of Israel, with all the succession of his
kindred." The same applies to Ruth the Moabite who was "a virtuous
woman" (Ruth 3:11): although it may be said that this prohibition
regarded men and not women, who are not competent to be citizens
absolutely speaking.
Reply Obj. 2: As the Philosopher says (Polit. iii, 3), a man is said
to be a citizen in two ways: first, simply; secondly, in a restricted
sense. A man is a citizen simply if he has all the rights of
citizenship, for instance, the right of debating or voting in the
popular assembly. On the other hand, any man may be called citizen,
only in a restricted sense, if he dwells within the state, even
common people or children or old men, who are not fit to enjoy power
in matters pertaining to the common weal. For this reason bastards,
by reason of their base origin, were excluded from the _ecclesia,_
i.e. from the popular assembly, down to the tenth generation. The
same applies to eunuchs, who were not competent to receive the honor
due to a father, especially among the Jews, where the divine worship
was continued through carnal generation: for even among the heathens,
those who had many children were marked with special honor, as the
Philosopher remarks (Polit. ii, 6). Nevertheless, in matters
pertaining to the grace of God, eunuchs were not discriminated from
others, as neither were strangers, as already stated: for it is
written (Isa. 56:3): "Let not the son of the stranger that adhereth
to the Lord speak, saying: The Lord will divide and separate me from
His people. And let not the eunuch say: Behold I am a dry tree."
Reply Obj. 3: It was not the intention of the Law to sanction the
acceptance of usury from strangers, but only to tolerate it on
account of the proneness of the Jews to avarice; and in order to
promote an amicable feeling towards those out of whom they made a
profit.
Reply Obj. 4: A distinction was observed with regard to hostile
cities. For some of them were far distant, and were not among those
which had been promised to them. When they had taken these cities,
they killed all the men who had fought against God's people; whereas
the women and children were spared. But in the neighboring cities
which had been promised to them, all were ordered to be slain, on
account of their former crimes, to punish which God sent the
Israelites as executor of Divine justice: for it is written (Deut.
9:5) "because they have done wickedly, they are destroyed at thy
coming in." The fruit-trees were commanded to be left untouched, for
the use of the people themselves, to whom the city with its territory
was destined to be subjected.
Reply Obj. 5: The builder of a new house, the planter of a vineyard,
the newly married husband, were excluded from fighting, for two
reasons. First, because man is wont to give all his affection to
those things which he has lately acquired, or is on the point of
having, and consequently he is apt to dread the loss of these above
other things. Wherefore it was likely enough that on account of this
affection they would fear death all the more, and be so much the less
brave in battle. Secondly, because, as the Philosopher says (Phys.
ii, 5), "it is a misfortune for a man if he is prevented from
obtaining something good when it is within his grasp." And so lest
the surviving relations should be the more grieved at the death of
these men who had not entered into the possession of the good things
prepared for them; and also lest the people should be horror-stricken
at the sight of their misfortune: these men were taken away from the
danger of death by being removed from the battle.
Reply Obj. 6: The timid were sent back home, not that they might be
the gainers thereby; but lest the people might be the losers by their
presence, since their timidity and flight might cause others to be
afraid and run away.
________________________